Research On Exemption Of Antimonopoly Of The Liner Organization

In recent years, with the shipping market development, much more China shipping corporations take part in the liner organizations, such as yellow liner committee, Japan-China of Qingdao liner conferences and lots of consultation agreement. In August 2008, the anti-monopoly law formally began. Our anti-monopoly law stipulated in the four monopolistic conductions, including monopoly agreements, abuse of dominant market position, concentration and abuse administrative power to eliminate or restrict competition. In accordance with t article 15th, the monopoly agreements can obtain Exemption of Antimonopoly, in accordance with article 28th, several kinds concentration can access to Exemption of Antimonopoly. In the process of implementing anti-monopoly law, liner shipping has been impacted greatly. Mainly displays in the liner transport problems, such as how to define the nature of the liner organizational behavior, whether to give them the antitrust immunity and how to regulate them, these problems need to be solved.And these problems are discussed in this paper based on the particularity of the liner shipping, the actual practice of other shipping nationals and the situation of our country.Besides introduction and closing, this paper consists of four parts:The first part, this paper studies the meaning of the liner organization and the mode of operation by the liner organization on international shipping routes. Through these discussions, the paper analysis the liner organizations' status on shipping business as foreshadow for the subsequent discussions.In the second part, the paper discusses the necessity of the Exemption of Antimonopoly of the liner organizations based on the particularity of the liner shipping, the actual practice of other shipping nationals and the situation of our country.The third part, this paper analyzes what influences has been caused by the implement of the anti-monopoly law of China on the Exemption of Antimonopoly of the liner organizations, including the influence of legal system and the liner organizations themselves.The fourth part, the paper give proposes on how to perfect our liner organization antitrust exemption and supervision problems from the content and procedure. The author thinks that we should try to avoid the liner organizations to abuse of dominant market position; under the premise of giving the liner organizations the right of Exemption of Antimonopoly, we need to establish an anti-monopoly enforcement authority to be responsible for the relevant supervision affairs...